Bodies politic for government of a province, colony, or town
The variety of bodies politic, is almost infinite: for they are not only distinguished by the several affairs, for which they are constituted, wherein there is an unspeakable diversity; but also by the times, places, and numbers, subject to many limitations. And as to their affairs, some are ordained for government; as first, the government of a province may be committed to an assembly of men, wherein all resolutions shall depend on the votes of the major part; and then this assembly is a body politic, and their power limited by commission. This word province signifies a charge, or care of business, which he whose business it is, committeth to another man, to be administered for, and under him; and therefore when in one commonwealth there be divers countries, that have their laws distinct one from another, or are far distant in place, the administration of the government being committed to divers persons, those countries where the sovereign is not resident, but governs by commission, are called provinces. But of the government of a province, by an assembly residing in the province itself, there be few examples. The Romans who had the sovereignty of many provinces; yet governed them always by presidents, and prætors; and not by assemblies, as they governed the city of Rome, and territories adjacent. In like manner, when there were colonies sent from England, to plant Virginia, and Sommer-islands; though the governments of them here, were committed to assemblies in London, yet did those assemblies never commit the government under them to any assembly there, but did to each plantation send one governor. For though every man, where he can be present by nature, desires to participate of government; yet where they cannot be present, they are by nature also inclined, to commit the government of their common interest rather to a monarchical, than a popular form of government: which is also evident in those men that have great private estates; who when they are unwilling to take the pains of administering the business that belongs to them, chuse rather to trust one servant, than an assembly either of their friends or servants. But howsoever it be in fact, yet we may suppose the government of a province, or colony committed to an assembly: and when it is, that which in this place I have to say, is this; that whatsoever debt is by that assembly contracted; or whatsoever unlawful act is decreed, is the act only of those that assented, and not of any that dissented, or were absent, for the reasons before alleged. Also that an assembly residing out of the bounds of that colony whereof they have the government, cannot execute any power over the persons, or goods of any of the colony, to seize on them for debt, or other duty, in any place without the colony itself, as having no jurisdiction, nor authority elsewhere, but are left to the remedy, which the law of the place alloweth them. And though the assembly have right, to impose a mulct upon any of their members, that shall break the laws they make; yet out of the colony itself, they have no right to execute the same. And that which is said here, of the rights of an assembly, for the government of a province, or a colony, is appliable also to an assembly for the government of a town, an university, or a college, or a church, or for any other government over the persons of men.
And generally, in all bodies politic, if any particular member conceive himself injured by the body itself, the cognizance of his cause belongeth to the sovereign, and those the sovereign hath ordained for judges in such causes, or shall ordain for that particular cause; and not to the body itself. For the whole body is in this case his fellow-subject, which in a sovereign assembly, is otherwise: for there, if the sovereign be not judge, though in his own cause, there can be no judge at all.
Bodies politic for ordering of trade.
In a body politic, for the well ordering of foreign traffic, the most commodious representative is an assembly of all the members; that is to say, such a one, as every one that adventureth his money, may be present at all the deliberations, and resolutions of the body, if they will themselves. For proof[proof] whereof, we are to consider the end, for which men that are merchants, and may buy and sell, export, and import their merchandize, according to their own discretions, do nevertheless bind themselves up in one corporation. It is true, there be few merchants, that with the merchandize they buy at home, can freight a ship, to export it; or with that they buy abroad, to bring it home; and have therefore need to join together in one society; where every man may either participate of the gain, according to the proportion of his adventure; or take his own, and sell what he transports, or imports, at such prices as he thinks fit. But this is no body politic, there being no common representative to oblige them to any other law, than that which is common to all other subjects. The end of their incorporating, is to make their gain the greater; which is done two ways; by sole buying, and sole selling, both at home, and abroad. So that to grant to a company of merchants to be a corporation, or body politic, is to grant them a double monopoly, whereof one is to be sole buyers; another to be sole sellers. For when there is a company incorporate for any particular foreign country, they only export the commodities vendible in that country; which is sole buying at home, and sole selling abroad. For at home there is but one buyer, and abroad but one that selleth: both which is gainful to the merchant, because thereby they buy at home at lower, and sell abroad at higher rates: and abroad there is but one buyer of foreign merchandize, and but one that sells them at home; both which again are gainful to the adventurers.
Of this double monopoly one part is disadvantageous to the people at home, the other to foreigners. For at home by their sole exportation they set what price they please on the husbandry, and handy-works of the people; and by the sole importation, what price they please on all foreign commodities the people have need of; both which are ill for the people. On the contrary, by the sole selling of the native commodities abroad, and sole buying the foreign commodities upon the place, they raise the price of those, and abate the price of these, to the disadvantage of the foreigner: for where but one selleth, the merchandize is the dearer; and where but one buyeth, the cheaper. Such corporations therefore are no other than monopolies; though they would be very profitable for a commonwealth, if being bound up into one body in foreign markets they were at liberty at home, every man to buy, and sell at what price he could.
The end then of these bodies of merchants, being not a common benefit to the whole body, which have in this case no common stock, but what is deducted out of the particular adventures, for building, buying, victualling and manning of ships, but the particular gain of every adventurer, it is reason that every one be acquainted with the employment of his own; that is, that every one be of the assembly, that shall have the power to order the same; and be acquainted with their accounts. And therefore the representative of such a body must be an assembly, where every member of the body may be present at the consultations, if he will.
If a body politic of merchants, contract a debt to a stranger by the act of their representative assembly, every member is liable by himself for the whole. For a stranger can take no notice of their private laws, but considereth them as so many particular men, obliged every one to the whole payment, till payment made by one dischargeth all the rest: but if the debt be to one of the company, the creditor is debtor for the whole to himself, and cannot therefore demand his debt, but only from the common stock, if there be any.
If the commonwealth impose a tax upon the body, it is understood to be laid upon every member proportionably to his particular adventure in the company. For there is in this case no other common stock, but what is made of their particular adventures.
If a mulct be laid upon the body for some unlawful act, they only are liable by whose votes the act was decreed, or by whose assistance it was executed; for in none of the rest is there any other crime but being of the body; which if a crime, because the body was ordained by the authority of the commonwealth, is not his.